Affiliate Agreement

Please read this entire agreement so you know and understand the program rules.

Bourn Creative, LLC values our affiliate partners. We will do our best to treat you with the fairness and respect you deserve, and ask the same consideration from you. We’ve written the following affiliate agreement with you in mind, as well as to protect our company’s hard-earned reputation. So please bear with us as we take you through this legal formality.

If you have any questions, please don’t hesitate to reach out. As you probably know by now, we are strong believers in straight-forward and honest communication.

To your success,
Jennifer Bourn


Bourn Creative, LLC Affiliate Agreement

This agreement describes the terms and conditions for participation in the Bourn Creative, LLC Affiliate Program. In this agreement, the term “Affiliate” refers to you (the applicant), “Affiliate Program” refers to the Bourn Creative, LLC Affiliate Program, and “Bourn Creative” refers to the product owner and publisher, Bourn Creative, LLC.

The Bourn Creative, LLC Affiliate Program is administered via a third-party WordPress affiliate plugin called AffiliateWP.

Modification

We may modify any of the terms and conditions within this Agreement at any time and at our sole discretion. These modifications may include, but not limited to changes in the scope of available referral fees, fee schedules, payment procedures and Affiliate Program rules. If any of the modifications are UNACCEPTABLE TO YOU, your only recourse is to terminate this Agreement. If you CONTINUE PARTICIPATION IN THE PROGRAM, it will be considered as your acceptance of the change.

Enrollment

To enroll in the Affiliate Program, you must submit an affiliate application and be approved. Applications are typically processed within 24 hours, and applicants will be notified of their acceptance status as soon as possible after their information is reviewed.

Affiliate URL

You will be issued a special URL once you become an approved member of the Affiliate Program which will be unique to you and you only, and will allow you to be paid for affiliate referrals.

Commissions

Affiliates will receive 20% as a commission from orders placed through properly coded affiliate links for Profitable Project Plan (unless noted otherwise for a particular product or partnership). Commissions may change at the discretion of the product publisher, Bourn Creative. Commissions may increase during limited time special promotions, but they will return thereafter to the regular 20% commission rate.

Affiliates will receive 30% as a commission from orders placed through properly coded affiliate links for Positioning E-Commerce Projects For Success (unless noted otherwise for a particular product or partnership). Commissions may change at the discretion of the product publisher, Bourn Creative. Commissions may increase during limited time special promotions, but they will return thereafter to the regular 30% commission rate.

For a sale to generate a commission to an Affiliate, the customer must complete the order form and remit full payment for the product ordered through the secure order system. Word of mouth referrals will not result in an affiliate commission being generated. Commissions will only be paid on sales that are made when the customer clicks through qualified, correctly structured Affiliate links. Properly coded links are the sole responsibility of the Affiliate.

Incentive Offers

Affiliates may offer complimentary products or programs that they have created for free to customers who purchase using their unique affiliate link. In this situation, Bourn Creative will provide the Affiliate with the name and email of each customer who purchases using their Affiliate link in the specified time period when the sales period closes.

Bourn Creative will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, expenditures or data) arising in connection with a third-party or Affiliate incentive. Bourn Creative does not manage any third-party or Affiliate offers and is not liable for the delivery of the offers. Refunds or adjustments will not be provided to customers who intended to purchase through an Affiliate link but did not click through a qualified, correctly structured Affiliate link.

It is the sole responsibility of the customer to purchase using an Affiliate link to benefit from the offer. Properly coded links and the delivery of any special offers are the sole responsibility of the Affiliate.

Payment

Bourn Creative pays Affiliates via a PayPal account, furnished to us when an Affiliate joins the program. If the Affiliate’s PayPal email changes, it is the responsibility of the Affiliate to update the payout email within the Affiliate Dashboard in order to ensure proper commission payments. We will not resend payments returned due to incorrect payment email addresses.

Order Fulfillment

Bourn Creative will be solely responsible for processing every order placed by a customer via affiliate links. Affiliates are not authorized to collect payments or sell any Bourn Creative products from other websites as a “reseller” and no “resale” rights are granted in ANY way. Affiliates are not authorized to sell any of these products on eBay or other auction sites. Affiliates are not authorized to give away copies of any of these products. Bourn Creative will also be solely responsible for all customer service inquiries. All Affiliates understand and acknowledge that no physical products will be shipped.

Customers who purchase products and services through the Affiliate Program will be deemed to be customers of Bourn Creative, LLC. Accordingly, all rules, policies, and operating procedures concerning customer orders and service will apply to those customers.

We may change our policies and operating procedures at any time. Prices and availability of our products and services may vary from time to time. Bourn Creative policies will always determine the price paid by the customer.

Qualifying Sites

Bourn Creative reserves the right to refuse any site entry into the Affiliate Program based on site content. Sites that do not qualify for the Affiliate Program include sites which:

  • Promote sexually explicit materials
  • Promote violence
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
  • Promote illegal activities
  • List coupon codes or discounts that were NOT officially provided to them by Bourn Creative. Want to promote a coupon? Contact us and we will work with you. You may NOT promote coupon codes you may have found elsewhere online. Doing so will result in the termination of your affiliate account and withholding of affiliate payments for violating this affiliate agreement.
  • Infringe or otherwise violate any copyright, trademark, or other intellectual property rights of Bourn Creative, LLC., Jenniferbourn.com, or any other site.

Permitted Usage

The following are permitted uses of the Bourn Creative, LLC, JenniferBourn.com, Profitable Project Plan, and Positioning E-Commerce Projects For Success brand and marketing resources:

  • Affiliates are permitted to use the text links and/or graphic banners and design resources located within the Affiliate Dashboard.
  • If a specific size banner ad is not available, the Affiliate may reach out and request a new banner graphic be added to the available resources.

Prohibited Usage

The following cases prohibited and are grounds for immediate termination of the Affiliate account.

  • Affiliates MAY NOT use the Jenniferbourn.com, Bourn Creative, Profitable Project Plan, or Positioning E-Commerce Projects For Success logos, logo marks, or other website or branding imagery in a header graphic or in any was as to indicate they are officially affiliated or partnered with Jenniferbourn.com, Profitable Project Plan, Positioning E-Commerce Projects For Success, or Bourn Creative, LLC.
  • Affiliates MAY NOT use the terms “Jennifer Bourn” or “Profitable Project Plan” or “Bourn Creative” or “Positioning E-Commerce Projects For Success” in ANY variation in their site URL. Examples: profitableprojectplan.net, profitableprojectplancoupons.com, jennifer-bourn.com, jenniferbourncourse.com, etc.
  • Affiliates MAY NOT promote coupons that were not provided to them personally by Bourn Creative. Want to promote a coupon? Contact us and we can work with you. You may NOT promote coupon codes you may have found elsewhere online. Doing so will result in the termination of your affiliate account and withholding of affiliate payments for violating our affiliate agreement.
  • Affiliates MAY NOT host or promote “coupon stacking” sites where customers may combine coupons to receive additional discounts.
  • Affiliates MAY NOT promote via PPC or PPV.

Anti-Spam Policy

Bourn Creative strictly prohibits affiliates from using spam email and other forms of Internet abuse (including spamming forums, blogs, Twitter, Facebook, and other social media outlets) to seek sales. Spam is defined as including, but not limited to, the following:

  • Electronic mail messages addressed to a recipient with whom the sender does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient through an opt in subscription;
  • Messages posted to Usenet, forums, Twitter, Facebook, LinkedIn, and message boards that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated newsgroups, posted in excessive volume, or posted against forum/message board rules. Be conscious of forum rules! If a forum owner or moderator complains that an affiliate has spammed, the affiliate account may be permanently terminated after investigation.
  • Content posted on free blog websites for the sole purpose of keyword spamming, or comments posted to legitimate blogs that violate the comment policy of the blog owner.
  • Solicitations posted to chat rooms, or to groups or individuals via Internet Relay Chat or “Instant Messaging” system;
  • Certain off-line activities that, while not considered Spam, are similar in nature, including distributing flyers or leaflets on private property or where prohibited by applicable rules, regulations, or laws.

Bourn Creative may undertake, at its sole discretion and with or without prior notice, the following enforcement actions:

Account Termination: Upon receipt of a credible complaint, the Affiliate Program manager may investigate the complaint, and if necessary, terminate the affiliate account of the individual implicated in the abuse. Termination results in the immediate closure of the member and affiliate account, the loss of all referrals, and the forfeiture of any unpaid money on account. At Bourn Creative’s discretion, termination may not only result in being banned from the affiliate program, but also being banned from ANY other internal affiliate programs.

Report a violation of our Anti-Spam Policy.

Relationship of Parties

Affiliates are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. Affiliates have no authority to make or accept any offers or representations on our behalf. Affiliates will not make any statement, whether on their sites or otherwise, that reasonably would contradict this statement.

Term and Termination

The term of this Agreement will begin when you accept and will end when terminated by either party. Either Bourn Creative or the Affiliate may terminate this Agreement at any time, with or without cause. Upon the termination of this Agreement for any reason, all licenses granted hereunder shall immediately terminate and you will immediately cease use of, and remove from Affiliate’s Web Site, all links to the Bourn Creative websites, and all related trademarks and logos, other brand marks, and all other materials provided in connection with this program.

Limitation of Liability

Bourn Creative will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, expenditures or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total commissions paid or payable to the Affiliate under this Agreement.

Disclaimers

We make no express or implied warranties or representations with respect to the Affiliate Program or an affiliate’s potential to earn income from the Affiliate Program. In addition, we make no representation that the operation of the websites or the Affiliate links will be uninterrupted or error-free, and Bourn Creative will not be liable for the consequences of any interruptions or errors.

Miscellaneous

Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement. If any of the provisions of this Agreement are determined by a court to be unenforceable, they shall be severed from this Agreement, and the remaining provisions shall remain in full force and effect.

By signing up with the Bourn Creative, LLC Affiliate Program, you acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated this program and are not relying on any representation, guarantee or statement other than as set forth in this agreement.